Settlment question

[lfoster21]

Does anyone know if in Virginia, does a person have to settle at some point? Also, any insight on that procedure would be great. I do have a lawyer, but I haven't gotten to this stage, so we haven't discussed it yet. I was just wondering if I will have to settle and what are the pro's and con's of either way.

Thanks!

[1171]

no. there is no settlement in most claims.
settlements are only available to those with serious and permanent impairment.
you can look under state info on this site for a description of benefits available
http://www.workerscompensation.com/regul...ategory=EE

[lfoster21]

Thanks for the link. I am in a situation that is permanent and I don't know if it would fall under the "serious" lable or not. Besides the life-long restrictions of not lifting, twisting, bending, sitting or standing...I also have to use a self-catheter throughout the day as well as use a remote controlled inplanted stimulator and I have to use a cane and walker because I fall on a regular basis.

I'm not sure what the next step is going to be, I know I am going to have a 2nd FCE, and one the stimulator is implanted, I will be put at mmi. What follows an mmi, I have no clue. I know that my last FCE said that I would be unlikely to ever be able to do more than a 20 hr. job and that any amount of activity caused a lot of pain and swelling.

Anyway, thanks for the site. If you have any info. re. what happens aften an mmi, Id greatly appreciated it.

[1171]

I'd hate to see what you call "serious" but what you describe is not minor.
You are entitled to the permanent partial impairment benefits described on the link. some call that a settlement.

[Still in Limbo]

1171 has given You some Very Valuable info., and I'm sure with Your Injuries there should not be too Much Argument over the fact of Total Disability. If You haven't already done so, Your next step in My Opinion would be to Apply for SSDI. I'm 45, (42 when I applied) and my Spinal Injuries are no where near as Bad as yours, and I was approved in 3mos./3wks. without an Attorney. As far as after MMI, with Your Injuries, I would Assume that You would get a Referral to Pain Management, and Your PM Dr. will become Your Primary Dr. of Record for Your Injuries, that's how it went for Me, when it was Decided by a Total of 8 (Both Ortho. and Neuro.) Surgeons that I was Inoperable due to My Scar Tissue, and where it is in My Spine and how it's wrapped around my Nerves. I'm not a Candidate for the Spinal Cord Stimulator or the Morphine Pump due to My Scar Tissue Issues, that will only be thought of as a Last Resort, if Meds. stop Working. I Wish You the Very Best, I can Partly Understand your Pain, although I'm not at Your Point Yet, it seems that unless something New Comes on the Scene, My Deterioration of the Spine, along with the Continuing Growth of the Scar Tissue is going to Lead Me to where You are Now. Best Of Luck, and if I can Help in any Way, Please feel free to ask or PM Me. Have a Great Holiday!!

[sparkey]

I was put at MMI in late Aug. or early Sept. I forget,lol. I was told from the ic that they would contact me to have a PIR rating ( permanent impairment rating) done, and thank god i happen to meet someone that worked for wc for years and told me NOT to wait to set the appt. I called the doctor to make the appt. and they contacted the adjuster as he had to sign a form that they would pay for the rateing. I then got the appt. set. I had my rating done less than a year after my injuries, which surprised alot of people. I do not have a lawyer as i have never had to have one yet.

I am waiting on my rating that was done on the 7th of Dec. I am so curious as to what it will come back as. My doctor already told me that i have my medical left open and to go to pain management once a month for meds. The ic covers my mileage, meds and doctors appt. since day one. I found out the other day, that the ic asked the doctor for my rating report. I guess they have so many days in which to offer me something, and i also requested a copy of the rateing. I am curious if they are going to make the payment before the new year. We will see. ( crossing fingers all goes well with needing to get a lawyer involved).

[lfoster21]

Thak you everyone, you all have been very helpful and full of information.

Merry Christmas to each of you!

[backache]

I agree with Still in Limbo.